Debate on surrogacy in Germany following private decision by Jens Spahn
The former Minister of Health and current deputy chairman of the Union parliamentary group, Jens Spahn, is currently at the center of a social debate. Together with his husband, he has become a father through a surrogate mother in the USA. Since surrogacy is legally prohibited in Germany, this private step has reignited a discussion about the current legal situation.
In Germany, surrogacy is prohibited by the Embryo Protection Act. This means that it is forbidden for women to carry a child for other people. Proponents of a change in the law argue that the current regulation is no longer contemporary and forces many couples who wish to have children to go abroad to realize their dream of a family.
However, the CDU, Jens Spahn's party, is sticking to the existing ban. Critics of the ban are now calling for an open debate on how the state should deal with modern family models. They emphasize that the well-being of the child and the legal security of the parents must be the priority, regardless of where the child was born.
The case shows how strongly the legal framework in Germany can deviate from social reality. While politics has so far decided against legalization, pressure is growing from those affected and experts who are calling for a reform of descent law. Whether this discussion will lead to a change in the laws remains to be seen.